See attached the response published by Fragomen after the recent attack on their
The reason behind the attack
Ø Fragomen submitted a template form used by some of their offices to assist clients in complying with
Ø DOL reasoned that this rather innocuous advice suggested that lawyers may have dissuaded client companies from actually hiring
Fragomen’s Response
Ø The regulations and decisions specifically protect the employer's right to counsel throughout the complex
Ø The right to counsel is a cornerstone of our legal system and is protected by the constitution and by the DOL’s own regulations which say that clients can rely on attorneys “throughout the labor certification process.
Ø Our attorneys’ central mission is providing counsel to our client companies in navigating a complex and confusing regulatory process.
Ø We render legal advice. We do not make employment decisions.
What is going on…
v Fragomen says they strongly disagree with their new rule which raises constitutional concerns.
v Fragomen is in active discussions with the Department regarding an agreement to release cases from audit and have cases return to the normal processing queue.
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